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Public Policy
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November 17, 2025
SEC Gives Cos. Freer Rein To Block Shareholder Proposals
The U.S. Securities and Exchange Commission announced Monday that it will not review most of the requests it gets from publicly traded companies hoping to exclude shareholder proposals from corporate ballots this proxy season, saying that it will not object to the exclusions due to time and resource constraints.
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November 17, 2025
No High Court Review For FDA Fast-Track Denial
The U.S. Supreme Court on Monday said it would not consider whether federal drug regulators went astray in denying fast-track review for a digestive disorder medication being developed by聽Vanda Pharmaceuticals.
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November 17, 2025
Justices Will Review Defunct Asylum Metering Policy
The U.S. Supreme Court agreed on Monday to review a defunct policy under which border agents physically prevent asylum-seekers from setting foot on U.S. soil and turn them back to Mexico when border processing capacity is maxed out.
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November 16, 2025
Lawyers Call On High Court To Stop 'Capitulating' To Trump
Lawyers and legal advocates gathered in front of the U.S. Supreme Court on Saturday to protest rulings that have allowed President Donald Trump and his administration to implement allegedly "unlawful actions" amid legal battles, and to demand the justices act as a check on executive power in future cases.
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November 14, 2025
FTC To Make Valvoline, Greenbriar Divest 45 Oil Shops
The Federal Trade Commission said Friday that it will require Valvoline Inc. and Greenbriar Equity Group LP to divest 45 quick oil change shops to resolve antitrust concerns surrounding the automotive services company's planned acquisition of Breeze Autocare from the private equity firm for $625 million.
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November 14, 2025
Amazon, New York Square Off Over State's NLRB Fill-In Law
The state of New York urged a Brooklyn federal judge to reject Amazon's bid to block a law allowing the Empire State's labor board to adjudicate private sector unionization matters and labor-management disputes, a statute that the online retailer says is flatly unconstitutional.聽
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November 14, 2025
DOJ Targets North Korean IT Job Fraud, $15M Crypto Heist
Four United States nationals and one Ukrainian have pled guilty in federal court to scheming with North Korea to help its citizens illegally secure remote information technology jobs with U.S. companies, the Department of Justice said Friday.
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November 14, 2025
Wash. County Fights Limits On Immigrants Working At Jails
Washington's King County is challenging what it calls a "quirk" in Washington state law that unconstitutionally prohibits "lawfully present, work-authorized immigrants" from serving as corrections officers for local governments 鈥 though they can work in corrections at the state level.
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November 14, 2025
4th Circ. Again Denies Man's Bid For Deportation Relief
The Fourth Circuit has again refused to revive a Mexican native's bid for deportation relief, saying his Virginia conviction for receiving stolen property is still a crime involving moral turpitude despite a change in how ambiguous laws should be interpreted.
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November 14, 2025
9th Circ. Judge Rips Feds For 'Trying To Suppress Speech'
A Ninth Circuit panel expressed doubts Friday about the Trump administration's request to reconsider an order reinstating billions of dollars in University of California research grants in light of a recent U.S. Supreme Court ruling, with one judge objecting that "the government is trying to suppress, to penalize speech."
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November 14, 2025
'Constitutional Word Salad': Judge Rips Suit Over Mascot Ban
A New York federal court judge denied a Long Island school district's bid to amend claims in a lawsuit challenging the state's ban on Indigenous mascots, calling proposed changes a "constitutional word salad," but said a district parent could add First Amendment claims to the litigation.
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November 14, 2025
USPTO Workers Laid Off During Shutdown Recalled To Work
U.S. Patent and Trademark Office employees who were laid off at the beginning of the government shutdown are being called back to work following the appropriations deal that rescinded reductions in force across the federal workforce.
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November 14, 2025
Feds' Use Of AI In Permitting, Rulemaking Raises Concerns
Federal government agencies with environmental responsibilities have begun using artificial intelligence tools, but attorneys say information about exactly why, how and when they are being used has been hard to get, leading to uncertainty about their effectiveness and shortcomings.
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November 14, 2025
Pa. Budget Ends State's Bid To Join Cap-And-Trade Compact
Pennsylvania legislators have announced that their long-awaited 2025 budget included provisions ending the state's bid to join a multistate carbon cap-and-trade compact, mooting years of litigation over whether the credits that fossil-fuel power plants would purchase were a fee or a tax.
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November 14, 2025
NextNav Asks FCC To Act Now On GPS Backup Proposal
Geolocation service provider NextNav is butting heads with an artificial intelligence company at the Federal Communications Commission about whether the agency should act now to establish a spectrum-based alternative to GPS or wait and see how an AI-based alternative works out.
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November 14, 2025
Rochester Sanctuary Policy Changes Moot DOJ's Suit
The Trump administration's lawsuit against Rochester, New York, over its "sanctuary city" policies is now moot because the city has amended its laws to codify similar policies the lawsuit doesn't address, preventing the court from providing relief, a federal judge has ruled.
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November 14, 2025
SEC Off-Channel Sweep Led To Recordkeeping Compliance
Despite Chairman Paul Atkins' criticism of the U.S. Securities and Exchange Commission's previous聽off-channel communications settlements, that Biden-era聽enforcement sweep has boosted firms' recordkeeping compliance efforts, and a lack of big-dollar penalties on the horizon聽hasn't erased the pressure to comply, experts say.
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November 14, 2025
Texas Judge Rejects Bid To Block Kenvue's $398M Dividend
Texas can't stop the makers of Tylenol from marketing the drug as safe for children and pregnant women or halt a nearly $400 million payment to shareholders, a state court ruled on Friday, rejecting arguments by Attorney General Ken Paxton's motion.
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November 14, 2025
Conn. Union Says Prison Bureau Axed CBA As Retaliation
The Federal Bureau of Prisons violated the constitutional rights of its employees when it unilaterally canceled a collective bargaining agreement in September in an effort to suppress union speech and activities, according to a new lawsuit in Connecticut federal court.
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November 14, 2025
Bondi Taps SDNY To Investigate JPMorgan Over Epstein Ties
U.S. Attorney General Pam Bondi on Friday tapped Manhattan U.S. Attorney Jay Clayton to investigate Jeffrey Epstein's ties to JPMorgan Chase & Co., former President Bill Clinton and others after President Donald Trump called for the probe while claiming that his alleged links to the financier were a "hoax."
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November 14, 2025
Texas Justices Wall Off Shareholder Claims Against 3rd Party
The Texas Supreme Court found that individual shareholders have no right to bring direct claims against an outside party that has an agreement with the shareholders' company, saying Friday that they instead must file suit on behalf of the company they hold ownership in.
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November 14, 2025
Crypto Firm Founder Gets 5 Years For $9.4M Fraud Scheme
An Oklahoma federal court has ordered the co-founder of a cryptocurrency investment firm to serve five years in prison and pay more than $1.1 million for his role in a fraud conspiracy that involved making false promises of returns to thousands of investors via social media posts.
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November 14, 2025
Google Offers EU Ad Tech Fixes Without Breakup
Google tried to mollify European Union antitrust enforcers Friday with the promise of "immediate product changes" to its advertising placement technology business, while arguing against "a disruptive break-up" called for when the European Commission fined the technology giant 鈧2.95 billion ($3.5 billion).
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November 14, 2025
Google, TikTok, Meta Fight Calif. Law Over Kids' Online Feeds
TikTok, Meta and Google filed separate suits against California Attorney General Rob Bonta in federal court on Thursday seeking to block the state from enforcing a new law's requirement for parental consent before online platforms can deliver personalized content feeds to children, saying the provision infringes on their First Amendment rights.
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November 14, 2025
Trump's H-1B Policies Could Exacerbate Teacher Shortages
U.S. school districts that hire foreign teachers through the H-1B visa program could face worsening teacher shortages or be forced to hire less-qualified teachers if public educators are not exempted from President Donald Trump's $100,000 H-1B fee.
Expert Analysis
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Civil Maritime Nuclear Sector Poised For Growth, Challenges
The maritime industry now stands on the verge of a nuclear-powered renaissance, with the need for clean energy, resilient power generation and decarbonized logistics driving demand for commercial maritime nuclear technology 鈥 but these developments will raise significant new legal, regulatory and technical questions, say attorneys at Holland & Knight.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev聽at Gouchev Law.
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H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues
The Trump administration鈥檚 recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act鈥檚 rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.
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NY AML Rules Get Crypto Rebrand: What It Means For Banks
A recent letter from the New York State Department of Financial Services outlining how banks can use blockchain analytics in anti-money laundering efforts is a reminder that crypto activity is not exempted from banks' role in keeping the financial system safe, says Katherine Lemire at Lankler Siffert.
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What's At Stake At High Court For Presidential Removal Power
Two pending U.S. Supreme Court cases 鈥擳rump v. Slaughter and Trump v. Cook 鈥 raise fundamental questions about the constitutional separation of powers, threaten the 90-year-old precedent of Humphrey's Executor v. U.S. and will determine the president's authority to control independent federal agencies, says Kolya Glick at Arnold & Porter.
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Using The GHG Protocol For California Climate Reporting
With the California Air Resources Board's recent announcement that entities subject to the state's climate disclosure laws can use the Greenhouse Gas Protocol as a standard for structured, auditable reporting, a review of methods, data sources and disclosures under the protocol is timely for compliance planning, says Thierry Montoya at Frost Brown.
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Employer Considerations As Ill. Ends Mandatory Fact-Finding
Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.
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Courts Are Still Grappling With McDonnell, 9 Years Later
The Seventh and D.C. Circuits鈥 recent decisions in U.S. v. Weiss and U.S. v. Paitsel, respectively, demonstrate that courts are still struggling to apply the U.S. Supreme Court鈥檚 2016 ruling in McDonnell v. U.S., which narrowed the scope of 鈥渙fficial acts鈥 in federal bribery cases, say attorneys at Quinn Emanuel.
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Compliance Pointers Amid Domestic Terrorism Clampdown
A recent presidential memorandum marks a shift in federal domestic-terrorism enforcement that should prompt nonprofits to enhance diligence related to grantees, vendors and events, and financial institutions to shore up their internal resources for increased suspicious-activity monitoring and reporting obligations, say attorneys at Morgan Lewis.
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Trump Tax Law Has Mixed Impacts On Commercial Real Estate
The One Big Beautiful Bill Act brings sweeping changes to the real estate industry 鈥 and while the permanency of opportunity zones and bonus depreciation creates predictability for some taxpayers, sunsetting incentives for renewable energy projects will leave others with hard choices, says Jordan Metzger at Cole Schotz.
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CFTC, SEC Joint Statement Highlights New Unity On Crypto
The U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission's recent joint statement announcing a cross-agency initiative enabling certain spot crypto-asset products to trade on regulated exchanges is the earliest and most visible instance of interagency cooperation on crypto regulation, say attorneys at Morgan Lewis.
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Regulatory Uncertainties Loom As Fed Ends Crypto Oversight
The Federal Reserve Bank's recently ended crypto supervisory program headlines other recent federal actions from Congress, the White House and relevant agencies that may complicate financial institutions' digital-asset use and attendant compliance strategies, say attorneys at Buchalter.
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What The New Nondomiciled-Trucker Rule Means For Carriers
A new Federal Motor Carrier Safety Administration interim final rule restricting states' issuance of commercial drivers licenses to nondomiciled drivers does not alter motor carriers' obligations to verify drivers' qualifications, but may create disruptions by reducing the number of eligible drivers, say attorneys at Benesch.
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EU-US Data Transfer Ruling Offers Reassurance To Cos.
The European Union General Court鈥檚 recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.
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Opinion
SEC Arbitration Shift Is At Odds With Fraud Deterrence
The U.S. Securities and Exchange Commission's recent statement allowing the use of mandatory arbitration by new publicly traded companies could result in higher legal costs, while removing the powerful deterrent impact of public lawsuits that have helped make the U.S. securities markets a model of transparency and fairness, say attorneys at Labaton Keller.